New Jersey man sues ex-wife over insults on memo line of alimony checks

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Wednesday, December 23, 2015

MORRISTOWN -- A New Jersey man is suing his ex-wife, accusing her of harassing him by writing perceived insults like "bum" and "loser" on weekly alimony checks to him.

An attorney for 61-year-old Francis Wagner filed the suit last week against 57-year-old Diane Wagner, contending his client has suffered emotional distress and that the memo line notes in the weekly $186 checks have intensified his health problems.

Diane Wagner, who is undergoing treatment for cancer, says she pays $744 a month to her ex-husband and that she can write anything she wants because it's a note to herself. She also says she pays him religiously.

The lawsuit is seeking unspecified compensation for emotional distress.

Diane Wagner said she was faithfully mailing the checks and felt humiliated when a friend this past spring alerted her to postings on a Facebook page maintained by the law firm representing her husband.

The posting, dated March 11, included a copy of one of Diane Wagner's checks to Francis Wagner, and the memo line reads "Alimony/adult child support."

The suit also alleges that a bank error in the spring resulted in a $5,000 deposit by Francis Wagner being accidentally placed in a joint account with his ex-wife. The lawsuit contends that Diane Wagner learned of the accidental deposit and withdrew the money, but she insists she did nothing wrong.

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